After several months on incarceration in dungeon despite the ruling of the courts for his immediate
release,a lawyer Barr Emeka Uchegbulam has petitioned Amnesty International over
the continued detention of his client Selky Torughedi aka Yong Shall Grow a
former agitator and activist.
This is a copy of the
letter as obtained by CKN News
5th
December, 2016
The
Country Director,
Amnesty
International,
Abuja
Your Excellency,
SAVE
SELKY TORUGHEDI, A.K A YOUNG SHALL GROW BEFORE HE DIES IN DSS PRISON
We are writing this letter
to you as an institution, and an individual that believes in sanctity of human rights,
the rule of law, equity and justice and an advocate of the rights of the common
man to live without let or hindrance from the powers that be.
We wish to bring to your
attention the unlawful arrest, torture and continued incarceration of our
client, Selky Torughedi, aka Young shall grow in the hands of Nigeria secret police, DSS in the last six months
despite court judgment that he should be set free.
As we write this letter.
Selky is languishing in DSS prison, he is seriously sick with virtually no
medical attention and his health is deteriorating by the day.
His suffering began on 17th June,
2016 at about 1 am, Some heavily armed men numbering about ten decked in black
uniform with hood drawn over their faces
broke into his house where he lived with his wife
and three very young
children aged between 2 and 5. They dragged him from his bed, got him
handcuffed in the presence of the wife and the young children.
For a grueling 45 minutes,
they ransacked his house apparently in search of incriminating evidence, and when
they could not find any, the men who introduced themselves as operatives of the
Department of State Security (DSS) literarily dragged Selky Torughedi from the house
and bundled him into a waiting vehicle that took him away.
From his Calabar
residence, he was transferred to Abuja where the DSS told the nation that it
has succeeded in arresting one of the arrowheads of the Niger Delta Avengers, a
militant group which had committed heinous crimes including kidnapping, terrorism,
pipeline vandalism, arms importation and economic sabotage.. They also said the
man is a close associate of the wanted former militant commander, Government
Ekpemupolo a.k.a Tompolo and that it
has an intelligent report that Selki Torughedi was planning to kill one MB
Yahaya, a serving Army officer on special duty in the troubled region.
But a couple of days after
his arrest and detention, the Niger Delta Avengers in an online broadcast that
went virile, denied tersely that the man in the custody of the DSS, Selky
Torughedi was their member. Rather they branded him a mole who the Security
agency was trying to use as a decoy to trap them.
Then the question was: Is Selky
actually a member of the Niger Delta Avengers, or is he a red herring the
government is spinning to entrap
the kingpins of the
organization? Why would a group deny its member who is caught in the line of an
avowed operation? These were some of the puzzles discerning minds who took
initial interest in the DSS\Torughedi matter were confronted with. (Unfolding
events has overtime shown who the aggressor is)
He was locked up for over
one month with no access to his family member or legal counsel.
Apparently piqued by the
seeming breech of the rights of Selky to legal representation under the
stipulated time frame allowed for detention without trial, counsel to the
accused, Emeka Uchegbulam Esq. filed a suit on 4th July 2016 at the
Federal High court in Abuja against the Director General, DSS for the
enforcement of Selky’s fundamental human rights pursuant to section 46 sub
section 3 of the 1999 constitution of the federal Republic of Nigeria as
amended.
Emeka Uchegbulam prayed
that a declaration be made to the effect that the arrest and detention of Selki
since June 17th without trial or access to legal representation is
illegal, unlawful and oppressive and a violation of the fundamental rights of
his client.
Uchegbulam also wanted the
court to give an order compelling the Department of state security to
immediately release Selky if they could not charge him to court for want of
evidence that could stimulate prosecution.
After an encumbering
session of technical security rigmarole, the DSS filed a petition at the same
court enunciating its grounds of opposition to the release of Selky Torughedi.
Delivering judgment on August 3rd,
2016 in the application filed by Emeka Uchegbulam, seeking for the enforcement
of his client’s fundamental human rights under sections 34, 35, 36 and 41 of
the 199 constitution as amended, and the petition by the DSS to the contrary, Honorable
Justice Nnamdi Dimgba said the state
security service erred in law to have detained Selky Torughedi for such a
length of time without any evidence of fault.
The Judge affirmed that
the explanations given by the DSS that the accuse was a threat to the society
were wide and very speculative, noting that the justification offered for the
continuous incarceration of the suspect
were bereft of any shred of evidence to back them up. He said the court could
only act on the basis of credible evidence.
The DSS had deposed to an
affidavit before the court that the suspect is a high ranking member and
sponsor of the Niger Delta Avengers and that he was arrested for his
involvement in acts of militancy, terrorism, kidnapping, blowing up pipelines
and plans to assassinate some top government officials in the country. Against
the backdrop of these allegations, they said it would be prejudicial to free
the suspect as it would constitute a threat to national security.
But Justice Dimgba
overruled these allegations. According to him, the DSS has no
single proof to offer to back their
claims .Such proof he
said could have been in
the form of a call log from communication companies showing discussions which
the suspect has had with militant members plotting the nefarious activities
as alleged.
He said it could have
equally been in the form of statements offered by other arrested members
pointing out the suspect as their member.
Better still, he said the DSS could have come up with an exhibit no
matter how small, be it a confessional statement made by the applicant for the
court to evaluate. And neither did they explain in what form the applicant’s
sponsorship of the militant group had taken whether it was financial, material
or just moral sponsorship.
The Judge also made the
DSS to realize the futility of its position on the continuous detention of
Selky Torughedi when he said a suspect who is accused of planning to blow up
pipelines and commit other crimes couldn’t have been arrested at midnight in
the bosom of his wife; one should expect that he would be in the creeks with
his comrades at arms.
Justice Nnamdi Dimgba
lamented that the DSS has not provided him with an iota of evidence to enable him rule for the continuous incarceration of Selky
Torughedi without charging him to court within the period prescribed by
sections 35(4) and (5) of the constitution.
In the absence of such
concrete material, Justice Dimgba ordered that selky Torughedi be released immediately , while stating
emphatically that any incarceration that
is not backed by order of a competent court
is illegal,
unconstitutional and must be shot down by the court, being the guardian of
those sacred rights secured by the constitution”
Sir, it will interest you to know that four
months after the judgment was given and the ruling served on the DSS, they have
refused to obey the court order they have refused to appeal the judgment, they
didn’t charge him to court for any criminal offence, Selky Torughedi is still
bound in fetters in the cold dungeon of the DSS with his health deteriorating
every passing day.
When we approached the
court again to seek for an order compelling the DSS to obey the execution of
its order, the judge told us that he has withdrawn from hearing the matter and
that he has returned the case to the chief judge for re-assignment. We were
surprised at the sudden turn of events.
However, on investigation,
we gathered that the DSS blackmailed the judge out of the case as a result of a
petition to the National Judicial Commission ( NJC } that the judge had taken
bribe from the family of Selky Torughedi to rule against them.
Recall sir, that the judge,
Nnamdi Digba was the only judge whose residence was invaded by the DSS during
the recent onslaught on some Nigerian judges by the rampaging and uncontrollable
secret police without a warrant of search and the only thing they took from his
house was his bag containing rulings he was meant to deliver.
Curiously, no charge was
preferred against him and he has since resumed sitting while other judges who
were raided on that fateful day by the DSS have been made to step aside.
Who do you cry to in a
situation like this in a country supposedly governed by the rule of law? Which
superior organ of government do you report such naked abuse of human rights?
Undeterred by the
frustrating act of impunity of the DSS , we decided to seek the intervention
of the National Human Rights Commission
to save Selky Torughedi from the persecution of the DSS.
In a letter dated 4th
October, 2016 from the chambers of Emeka Uchegbulam and co, we explained the
ordeal of Selky Torughedi, detailing the genesis and tortuous process we have
gone through to make DSS to charge our client to court if indeed there are
evidence of the allegations they made against him or obey the court order
issued by the constitutional body charged with the responsibility of
arbitration in such a matter. See attached document.
Again, over two months
after the save our soul letter was written to the National Human Rights
Commission, all we got was an acknowledgement letter and no other action while
Selky continues to waste away in the DSS prison.
Our latest investigation
revealed that the DSS is convinced that it has no evidence against Selky, but
it is holding on to him with a view to making him to implicate some highly placed people in the
Niger Delta
who they believe are the
unseen hands behind the Niger Delta Avengers.
But Selky has continued to
maintain that he cannot cooperate with DSS to implicate innocent people
stressing that it is a sin against man
and God to so do. Therefore, because of
his refusal to do the sinister will of the DSS, they are determined to continue
to detain him even at the risk to his life, they care less.
As at the last visit to
Selky in the DSS prison, he was a pitiable sight to behold. He has emaciated
badly and he was virtually a walking corpse.
Sir, we are of the belief
that the DSS is determined to kill Selky Torughedi, we are convinced beyond all
reasonable doubts. Our conviction is anchored on the fact that he is chained
twenty four hours and seven days in a week even inside cell. He is underfed
without proper medical attention and he is interrogated almost every day with a
threat to hold him down until he implicates somebody.
Sir, we are writing this letter
to you to please in the name of God help us to use your good offices to
intervene in this blatant human rights abuse by the Nigerian secret police before
the obituary of our client. Selky Torughedi.
Accept the assurances of
our esteemed regards.
Thanks
Yours sincerely
Emeka
Uchegbulam
WHO
IS KILE SELKY TORUGHEDI ?
Born in April, 1980.
Selki had his primary and secondary education in Ikot-Ansa, Cross Rivers state
and Azuzuama, southern Ijaw in Bayelsa
state respectively, before proceeding to the Kogi state polytechnic to obtain
the Higher National Diploma in Public Administration .
An ardent student of the
works and principles of the beacon of the Niger Delta struggle, the late Isaac
Adaka Boro, Selky actually caught his teeth in human rights activitism in his
secondary school days as a foot soldier of the great environmentalist/activist,
late Ken Saro Wiwa.
As an acknowledgement of
his commitment to the cause of the Niger Delta struggle, the Young Shall Grow
as he is fondly called was made the head of the southern wing of the Movement
for the Emancipation of the Niger Delta in 2002 when he was barely 22 years
old.
This role he performed
creditably amidst a legion of comrades who were far older and more experienced
than him.
In recognition of his
ombudsmanship in his community, the late president, Umar Musa Yar’Adua accorded
him special recognition when the Amnesty program was being instituted and going
by his exploits and general contributions to the well being of the Niger Delta,
the Global Peace Initiative of Nigeria honored Selki with the post Amnesty
Peace Ambassador Award.
A philanthropist per
excellence, Selki Torughedi is a benefactor to many young minds in his
community and its environ who are poor and in need in the areas of education,
community projects, youth empowerment, and scholarship.
A passionate believer in
education as the most potent tool for the development of mankind from all forms
of oppression, Selki has a scholarship scheme that caters for over 40 indigenes
of the Niger Delta, a totally free nursery and primary school with a population
of over 100 pupils, in addition to an empowerment scheme for the women who are
paid on a daily basis to sweep and keep the community clean.
A few months before his
arrest and incarceration, Selki Torughedi was a senior special adviser on
Marine water way security to the present governor of Bayelsa state, Seriake
Dickson.
Selky Torughedi aka Young Shall Grow is married to Ala-Ere
and they have four children.
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